National and State governments are organized in similar ways. Both have power derived from the people, three branches of government, checks and balances on political power, individual rights, and federalism. They may seem to have many similarities, but they also have many differences which sets them apart from each other. The Texas Constitution was written to limit the expansion of governmental authority, while the U.S. Constitution was written to act effectively in the public welfare. Over the years, the National government has indeed expanded. Federalism is power divided by a constitution between a central and regional government. The U.S. Constitution gave Congress many enumerated rights, as well as implied rights which is mention in the necessary and proper clause which is in Article I Section 8. This clause gives Congress to do whatever is necessary and proper to accomplish their constitutional duties. In the Texas Constitution, the government is smaller and does not have the loophole of the necessary and proper clause. Texas government were only given enumerated powers. The …show more content…
and Texas constitution has individual rights which are in the Bill of Rights. Each of these rights are rights that people possess that the government may not violate. For the U.S. Constitution, it is the first 10 amendments. For the Texas Constitution, the Bill of Rights are in Article I, which includes promises to our freedoms which are not stated in the U.S. Constitution. Some of the promises made are prohibition of discrimination based on sex, forbids imprisonment for debt, protects the rights of crime victims and prohibits the garnishment of wages except for court-ordered child support. Texas forbids monopolies which are contrary to public interest, and give what circumstances a person can be denied bail. The 14th amendment which followed the Civil War, put more restrictions of Texas than was previously. This addressed citizenship rights and equal protection of
Texas is a prime example of the state constitutions in general. Ever since the integration
In the Texas Constitution it talks about information that just deals with Texas alone, that the U.S. Constitution doesn't have. For one, it talks about Education. Explaining how it shall be the duty of the Legislature of the state to establish and make suitable provisions for the support and maintenance of an efficient system of public free schools. The Texas Constitution also includes information about corporations, municipal and private. It has the Spanish and Mexican Land titles under it which no other state has in their constitution. And finally the Texas Constitution establishes rules concerning railroads.
In 1836, the new Texas Constitution was written during the war for independence which had a separation of governmental powers, a bill of rights, a bicameral legislature. This had many adopted aspects from the Spanish and Mexican laws. In 1845, was modeled after other southern states and therefore referred to as the Statehood Constitution (Newell, 44). It embraced democratic principles and was influenced by Jacksonian democracy. In 1861, the Constitution was modified when Texas joined the Confederate States of America, this was called The Civil War Constitution. This is when Texas seceded to join the confederacy. In 1866, was on the losing side of the war and Texas was ordered by Andrew Jackson to revise the document. This new document abolished slavery and declared secession illegal. In 1869, reconstruction of the Constitution happened yet again because radical reconstructionists in Washington wanted southern states to write new constitutions with tougher standards. The present constitution the document was careful about what government could do and couldn’t do. This document has changed a bit and has had over 467 revisions but it is still the document that is used present day.
The Individual Rights is one of the seven principles of the Texas Constitution, which protect the rights of the people such as their freedom of religion, freedom of speech, and gender equality. The first article of the Texas Constitution protects these rights, which is known as the Bill of Rights. The Bill of Rights was made up by the ten amendments, it was written by James Madison that had lots of comments from a lot of states relating to the protection of the individual liberties, which were people free from complete control over them from the government.
This constitution of United Mexican States provided for a very weak national government and the powers of the government and its states are not defined which caused increasing tension between each state.
Texas and California are two states in the US that are comparable in terms of their population, resources, size, economy and constitution. The Texas Constitution is the foundation of the statehood of Texas within which the government operates in the same way that U.S. constitution governs the affairs of the whole country with its allocated power. The Texas constitution has a huge influence on the daily lives of Texans Possibly even more than the U.S. Constitution. Although all states have its own constitution, Texas and California have different ways in which they gained their constitution. Like most state in the U.S. The state of California gained its constitution after the civil war, the constitution was ratified in 1879 and It is similar to the Texas constitution in many ways. Both constitutions are founded on the unanimous vote of its people and are grounded by the rule of
In the United States Constitution the states are dependent on the federal government; however, in the Texas Constitution the counties are inferior to the state government. Both constitutions contain the principles needed for a representative democratic government. For instance, the U.S. Constitution was made to replace the Articles of Confederation, a weak decentralized form of national government with no president and inability to levy taxes. The U.S. Constitution was made to
The Texas Constitution has evolved in many ways throughout history. Before the current constitution there were five predecessors. There were many factors that effected each of the five constitutions. After very long governance by Spain and Mexico and a small war with Mexico, the Texans finally won their independence. The first constitution had become official in September of 1836. This first constitution was called the Republic Of Texas Constitution. After struggling for about nine years to become apart of the Union, Texas’s second constitution was created. The Second constitution was called the Statehood Constitution and was thought to be one of the best constitutions of time. The Jacksonian Democracy greatly influenced the Statehood Constitution. The idea of the Jacksonian Democracy was to increase the people’s participation in the government. This Constitution lasted about 16 years until Texas joined the Confederate Sates of America in 1861. This third constitution was called the Civil War Constitution. The main goal was to modify the
From March 2, 1836 to February 19, 1846, Texas as its own independent country in North America. Those who resided in this independent country were referred to as Texians. Texas declared its independence from Mexico in 1836 during the Texas revolution which ended on April 21 of that same exact year. However, Mexico did not want to give the Republic of Texas its independence which resulted in conflicts between that of Texas and Mexico that went on into the 1840s. As a result, The United States of America recognized the Republic of Texas as an independent country in 1837 but failed to append their land. Later receiving its independence, Texas elected a Congress of fourteen senators and twenty-nine representatives in the month of September and year of 1836. However, within the Republic, citizenship was not a privileged for everybody living in Texas. Not everybody had legal rights to reside within the limits of the Republic without Congress permission. The Constitution of the Republic of Texas created differences for each and every ethnicity for each individual person. Meaning, whoever was there on the day the Republic of Texas won their independence had to be classified as a citizen of the Republic including Africans, those with African descent, and Native Americans. For Caucasian immigrants to become citizens they would have to had lived in the Republic for six months or less and take an oath. Those who were brought to Texas as a slave had to stay a
The government of the state of Texas is a difficult and complicated institution that is composed of many different levels. The question comes in to everyone's mind at one time or another whether or not to trust the government. It could be that people believe that the officials will take advantage of their power, or simply people don't like the idea of being controlled by someone who is not a family member or friend. To avoid this centralized power, the government is divided into stages and this is a reasonable ground for trusting the government. Government runs this state and it does deserve to be trusted.
In my analysis of the Texas Constitution I will assess the three branches of our State Government, the Legislative Branch, Executive Branch and finally the Judicial Branch. Our State Government resembles our National Government in various ways but also in very different ways which we will review in this essay. I will identify a handful of criticisms and problems associated with the provisions in each of these branches of our State Government and identify suggested reforms that many feel are needed.
The government of the state of Texas is a difficult and complicated institution that is composed of many different levels. The question comes in to everyone's mind at one time or another whether or not to trust the government. It could be that people believe that the officials will take advantage of their power, or simply people don't like the idea of being controlled by someone who is not a family member or friend. To avoid this centralized power, the government is divided into stages and this is a reasonable ground for trusting the government. Government runs this state and it does deserve to be trusted.
Throughout the 171 years of Texas’ statehood, it has ran under a numerous amount of Constitutions (Braden 1). The Texas constitution is among the longest of state constitutions in the United States. The constitution had been amended 483 times since its adoption in 1876 (Braden 1). Amending the constitution is a lengthy process and even led to efforts of a constitutional reform during the 1970’s, which in the end had failed.
The United States governmental system is a complex entity consisting of many parts. One of the most unique aspects of the U.S governmental system is the Bicameral structure which consists of the Federal Government and the State Government. When the framers of the United States Constitution collaborated to make the U.S governmental system they wanted to insure that there was a separation of powers to prevent tyranny, as a result of this state law and federal law was developed. There are many differences and similarities between federal law and state law. In general federal law has jurisdiction over all 50 states. In contrast,State law only has jurisdiction over that respected state. Despite the major jurisdictional difference between federal law and state law there are a few parallels that the two structures have. The U.S constitution outlines the specific powers of the federal government and the state government. The federal government and state government will be compared and contrasted in reference to the powers that are outlined for the two institutions by the U.S constitution.
The relationship between the state and national government is always changing. The sharing of the power between the two governments changed drastically when the United States switched from being under the Articles of Confederation to being under the Constitution.